Attachment B-2 - Rider to the Lease .pdf

Lease N69450-27-RP-00023

EXHIBIT B-2

LEASE RIDER

The following provisions are added to this Lease:

9. Joint Inspection and Inventory Report.

Prior to execution of this lease, a Joint Inspection and Inventory Report (JIIR) will be conducted by representatives of Government and Lessor, which shall document existing conditions of the Leased Premises. The JIIR shall be attached hereto and incorporated herein as

Exhibit __.

10. General.

a. The Lessor shall provide to Government a valid Certificate of Occupancy for the

Leased Premises and shall meet, maintain, and operate the Leased Premises in conformance with all applicable current (as of the date of this lease) codes and ordinances.

b. The Leased Premises shall meet the applicable egress requirements in National Fire

Protection Association (NFPA) 101, Life Safety Code, or an alternative approach or method for achieving a level of safety deemed equivalent and acceptable by the

Government. Offered space shall NOT be located below-grade. Unrestricted access to a minimum of two remote exits shall be provided.

c. The Building and the leased space shall be accessible to workers with disabilities in accordance with the joint Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities and Architectural Barriers Act (ABA) Accessibility Guidelines

(36 CFR Part 1191, Appendices A, C, and D), specifically including ABA Chapters 1 and

2 and Chapters 3-10, as adopted by the Department of Defense Memorandum “Access for

People with Disabilities” of 31 Oct 2008.

d. The leased space shall be free of all asbestos containing materials, except undamaged asbestos flooring in the space or undamaged boiler or pipe insulation outside the space, in which case an asbestos management program conforming to Environmental Protection

Agency guidance shall be implemented. The space shall be free of other hazardous materials according to applicable Federal, State, and local environmental regulations.

e. Regular hours of operation of the leased space will be from 8 A.M. to 4:30 P.M.

Monday through Friday each week. The Government shall have access to the leased space twenty-four (24) hours per day, seven (7) days per week, including Federal holidays.

f. The Lessor agrees to promptly replace or recharge, at no additional cost to the

Government, any fire extinguisher(s) supplied under terms of this lease if discharged by

Government agents, employees or occupants while fighting a fire.

g. Keys (minimum of one each) must be provided to the Government for all doors and storage areas leased herein and any time locks are changed. Each key must be clearly tagged to identify the lock it fits. Two master keys shall be delivered to the Local

Representative of Defense Health Agency (DHA) on or before the date of acceptance, and whenever the master key is changed.

h. The interior Leased Premises spaces must be climate-controlled.

11. Physical Security Requirements.

a. Lessor shall preclude unauthorized access to the Leased Premises through commercial physical security equipment on doors, windows, and other conduits/openings through which access may be attained.

b. Government may install auxiliary physical security equipment required to protect the Government's interest. Pursuant to the Alterations Clause, such equipment remains the property of the Government.

12. Services and Utilities (Minimum requirements Lessor shall provide as part of rent).

a. Pursuant to the Maintenance Clause of this Lease, Lessor shall be responsible for all repairs and maintenance to the interior/exterior, roof and structural components of the building; site landscaping and parking lot maintenance; maintenance and repair of all major building systems including, but not limited to: fire protection and suppression systems, HVAC system components, plumbing and electrical systems, and Lessor owned fixtures.

b. Lessor shall be responsible for payment of all property taxes and property/hazard insurance.

d. Government will obtain and pay utility services (electric, water, sewer) and telephone separately from rent.

e. Lessor shall conduct maintenance, testing, and inspection of appropriate equipment and systems in accordance with current applicable codes, and inspection certificates shall be displayed as appropriate. Copies of all records in this regard shall be forwarded to

Government’s designated representative by Lessor upon request, at no additional charge to

Government.

13. Landscape Maintenance.

Lessor shall ensure landscape maintenance is performed at least weekly during the growing season and shall consist of mowing and policing the area to keep it free of debris. Outside of the growing season, Lessor shall ensure landscape maintenance is performed at least twice monthly or as needed.

14. Wall Finishes and Maintenance of Flooring.

a. Wall Finishes. All wall coverings, high-performance paint coatings, and paints are to be maintained in good condition for the life of the Lease, both on exterior and interior of the building(s). Wall coverings, high-performance paint coatings, and paints must be replaced or repaired at the Lessor's expense, including moving and replacing furnishings.

b. Concrete Flooring. Any cracks/damage to floor must be promptly repaired by

Lessor at no cost to the Government.

c. Ceramic Tile (if any). Tile shall be replaced or repaired if it is loose, chipped, broken or permanently discolored at no cost to the Government. All repair and replacement work is to be done after working hours.

d. Carpet Replacement (if any). Carpet shall be replaced by the Lessor at no cost to the

Government at any time during the lease when: (1) backing or underlayment is exposed or

(2) there are noticeable variations in surface color or texture. Replacement includes moving and return of furniture.

e. Vinyl or Resilient Flooring Replacement (if any). The flooring shall be replaced by the

Lessor at no cost to the Government prior to or during Government occupancy when it has curls, upturned edges, or other noticeable variations in texture.

15. Removable Government Furnished Property.

Pursuant to the Alterations Clause, the parties agree Government retains title to all removable Government property used in the Leased Premises. In the event Government does not remove removable Government property at the expiration or earlier termination of this Lease, Lessor will take ownership of same.

16. Insurance.

The Lessor shall maintain hazard/fire and extended insurance coverage on the Leased

Premises, in such reasonable amounts as Lessee may desire, and at Lessor's expense. Each policy of insurance maintained by the Lessor as required hereunder shall contain an endorsement reading substantially as follows: "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy."

17. Access.

a. Pursuant to the Maintenance Clause of this Lease, except in case of emergency, Lessor shall contact the DHA POC listed below to provide reasonable notice or request access to the Leased Premises. Lessor shall contact the DHA POC at least 12 hours prior to the requested entry. Lessor’s entry/access shall be scheduled between the hours of 8:00

AM and 4:30 PM, Monday through Friday. Lessor and their representatives, employees or contractors must be accompanied inside the Building by an authorized Government representative.

b. In case of emergency whereby immediate access to the Leased Premises is necessary to preserve and/or protect human or the building, Lessor agrees to provide notice as soon as possible after entering the Leased Premises.

c. Lessor agrees to provide to the Government a list of no more than three (3) individuals who will need access to the Leased Premises and to update the list as needed. Names and contact information of these individuals shall be provided to the

Government and updated as necessary.

18. Lease Points of Contact.

Lessor

Name:

Address:

Email:

NAVFAC Real Estate

ATTN: Real Estate Contracting Officer -RE13A

PO Box 30, Building 903

Jacksonville, FL 32212-0030

Defense Health Agency (DHA)

Facilities Directorate (FAC)

ATTN: Chief, HQ Operations & Lease Management (OLM) Branch

Lincoln Center | 7800 IH 10 West, Suite 800

San Antonio, TX 78230

19. Availability of Funds.

All payments by the Government due under this Lease are contingent upon and may not exceed the amount of appropriations available at the time such payments are due hereunder. Additionally, nothing contained in this Lease shall be interpreted as implying that the Congress of the United States of America will, at any later date, appropriate sufficient funds to meet any deficiencies hereunder. No legal liability on the part of the

Government for any payment may arise under this Lease until funds are made available to the Real Estate Contracting Officer

20. Anti-Deficiency Act.

The Government’s liability for any payment under this Lease is subject to and may not exceed appropriations available for such payment and nothing contained in this Lease may be considered as implying that Congress will at a later date appropriate funds sufficient to meet deficiencies. Nothing in this Lease shall require an obligation or expenditure of funds on the part of the United States of America, Department of the Navy, in violation of the

Anti-Deficiency Act, 31 U.S.C. § 1341.

21. Real Estate Contracting Officer Authority.

Except as otherwise stated in this Lease, the RECO shall have complete charge of the administration of this Lease, including granting any consents and approvals hereunder, and shall exercise full supervision and general direction insofar as the interests of Government are affected.

22. 52.222-90 Addressing DEI Discrimination by Federal Contractors.

As prescribed in 22.2203, insert the following clause:

Addressing DEI Discrimination by Federal Contractors (Apr 2026)

(a) Definitions. As used in this clause—

Program participation means membership or participation in, or access or admission to:

training, mentoring, or leadership development programs; educational opportunities; clubs;

associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the

Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the

Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United

States.